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PHILLIPS v. CARROLL

No. 31560.

379 S.W.2d 143 (1964)

Edward PHILLIPS, Plaintiff-Appellant, v. James CARROLL, d/b/a Schilli Tire Service, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

May 19, 1964.

Attorney(s) appearing for the Case

R. C. Reis, St. Louis, for plaintiff-appellant.

Rene J. Lusser, Rene E. Lusser, St. Louis, for defendant-respondent.

DOERNER, Commissioner.

Plaintiff appeals from an order and judgment dismissing his petition with prejudice. Since the action was one to recover for personal injuries, and the prayer was for $10,000, this court has appellate jurisdiction. Section 477.040 RSMo 1959, V.A. M.S., as Amended, Laws 1959, S.B. No. 7, Sec. 1; Harris v. Bates, 364 Mo. 1023, 270 S.W.2d 763.

Plaintiff alleged in his petition that defendant was the sole...

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